77344420Q0019.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

77344420Q0019

TABLE OF CONTENTS:

1. Listing of Incorporated Purchase Requisitions

2. Supplies or Services and Prices/Costs

3. Packaging and Marking

4. Inspection and Acceptance Terms

5. Delivery or Performance

6. Contract Administration Data

7. List of Documents, Exhibits, and other Attachments

8. Contract Clauses

1. Listing of Incorporated Purchase Requisitions

Incorporated Purchase Requisition Numbers:

2. Supplies or Services and Prices/Costs

Item Number Base Item Number

Supplies/Services Quantity Unit

0001 Sub-Saharan Africa Market Intelligence Database

1 EAC

Contract Type:Firm Fixed Price Unit Price

Extended Price

Description:

Market Intelligence database that provides market trends and transaction information for markets in sub-Saharan Africa across a variety of sectors, including but not limited to critical infrastructure, agriculture, financial services, and healthcare.

Coverage may include, but is not limited to the following countries in the following major African markets:

Western (Nigeria, Senegal, Ivory Coast, Ghana), Eastern (Kenya, Uganda, Rwanda, Tanzania, Ethiopia), and Southern (Mozambique, Zambia, Angola, Namibia, Botswana).

Base Period: 15 September 2020 to 14 December 2020

Purchase Requisitions

IDC Type: Not Applicable NAICS Code: 519190 All Other Information Services

Supplies/Services Quantity Unit

1001 0001 Sub-Saharan Africa Market Intelligence Database

1 EAC

Contract Type:Firm Fixed Price Unit Price

Extended Price

Description:

Market Intelligence database that provides market trends and transaction information for markets in sub-Saharan Africa across a variety of sectors, including but not limited to critical infrastructure, agriculture, financial services, and healthcare.

Coverage may include, but is not limited to the following countries in the following major African markets:

Western (Nigeria, Senegal, Ivory Coast, Ghana), Eastern (Kenya, Uganda, Rwanda, Tanzania, Ethiopia), and Southern (Mozambique, Zambia, Angola, Namibia, Botswana).

First Option Period: 15 December 2020 to 14 December 2021

Purchase Requisitions

Option: 1 Option Time Date: 12/15/20 Option Time Duration: 364 Option Time Units: Days

Supplies/Services Quantity Unit

2001 0001 Sub-Saharan Africa Market Intelligence Database

1 EAC

Contract Type:Firm Fixed Price Unit Price

Extended Price

Description:

Market Intelligence database that provides market trends and transaction information for markets in sub-Saharan Africa across a variety of sectors, including but not limited to critical infrastructure, agriculture, financial services, and healthcare.

Coverage may include, but is not limited to the following countries in the following major African markets:

Western (Nigeria, Senegal, Ivory Coast, Ghana), Eastern (Kenya, Uganda, Rwanda, Tanzania, Ethiopia), and Southern (Mozambique, Zambia, Angola, Namibia, Botswana).

Second Option Period: 15 December 2021 to 14 December 2022

Purchase Requisitions

Option: 2 Option Time Date: 12/15/21 Option Time Duration: 364 Option Time Units: Days

3. Packaging and Marking

None

4. Inspection and Acceptance Terms

Supplies/Services will be inspected/accepted at:

Line Number Inspect At Inspect By Accept At 0001 Destination

1100 New York Avenue, NW Washington

DC

20527

US

Government Destination 1100 New York Avenue, NW Washington

DC

20527

US

1001 Destination 1100 New York Avenue, NW Washington

DC

20527

US

Government Destination 1100 New York Avenue, NW Washington

DC

20527

US

2001 Destination 1100 New York Avenue, NW Washington

DC

20527

US

Government Destination 1100 New York Avenue, NW Washington

DC

20527

US

5. Delivery or Performance

Line Item: 0001 Period Of Performance Start Date Period Of Performance End Date Period Of Performance Address

9/15/20 12/14/20

DFC

1100 New York Avenue, NW Washington

US 20527

Line Item: 1001 Period Of Performance Start Date Period Of Performance End Date Period Of Performance Address

12/15/20 12/14/21

DFC

1100 New York Avenue, NW

Line Item: 2001

Period Of Performance Start Date Period Of Performance End Date Period Of Performance Address

12/15/21 12/14/22

DFC

1100 New York Avenue, NW

6. Contract Administration Data

Requesting Office Address

DFC

1100 New York Avenue, NW Washington DC 20527 Phone: Fax:

Contact Details:

Property Administration Office Address

1100 New York Avenue, NW Washington DC 20527 Phone: Fax:

Contact Details:

COR Office Address

1100 New York Avenue, NW Washington DC 20527 Phone: Fax:

Contact Details:

COCHRAN, CHRISTOPHER

christopher.cochran@dfc.gov

Issuing Office Address

DFC

1100 New York Avenue, NW Washington DC 20527 Phone: (202) 312-2160 Fax:

Contact Details:

RASPITHA, ELENA MARIA

elena.raspitha@dfc.gov

7. List of Documents, Exhibits, and other Attachments

None

8. Contract Clauses

Clauses incorporated by reference

Article Number Reference Text 52.212-4 52.212-4 Contract Terms and Conditions-Commercial Items (OCT 2018)

52.202-1 52.202-1 Definitions (JUN 2020)

52.204-13 52.204-13 System for Award Management Maintenance (OCT 2018)

52.209-10 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015)

52.217-5 52.217-5 Evaluation of Options (JULY 1990)

52.225-13 52.225-13 Restrictions on Certain Foreign Purchases (JUNE 2008)

52.232-23 52.232-23 Assignment of Claims (MAY 2014)

52.232-33 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (OCT 2018)

52.232-39 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

52.233-1 52.233-1 Disputes (MAY 2014)

52.233-3 52.233-3 Protest after Award (AUG 1996)

52.233-4 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

Clauses incorporated by full text

52.217-8 52.217-8 Option to Extend Services (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of expiration.

(End of clause)

52.217-9 52.217-9 Option to Extend the Term of the Contract (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days prior to expiration;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months .

52.252-1 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far

(End of provision)

52.252-2 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far

52.212-1 52.212-1 Instructions to Offerors-Commercial Items (MAR 2020)

Addendum to 52.212-1

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) This section of the ITO provides general guidance for preparing proposals as well as specific instructions on the format and content of the proposal. The offeror's proposal must include all data and information requested by the

ITO and must be submitted in accordance with these instructions. Non-conformance with the instructions provided in the ITO may result in an unfavorable proposal evaluation.

(c) The proposal shall be clear, concise, and shall include sufficient detail for effective evaluation and for substantiating the validity of stated claims. The proposal should not simply rephrase, restate or merely parrot back the contractual requirements, but rather must provide convincing documentary evidence in support of any conclusionary statements relating to promised performance. Offerors shall provide convincing rationale to address how the offeror intends to meet these requirements. Offerors shall assume that the Government has no prior knowledge of their operations and experience, and will base its evaluation on the information presented in the offerors proposal.

(d) Elaborate brochures or documentation, binding, detailed artwork, or other embellishments are unnecessary and are not desired.

(e) If an offeror believes that the requirements in these instructions contain an error, omission, or are otherwise unsound, the offeror shall immediately notify the Contracting Officer (KO) in writing with supporting rationale. The offeror is reminded that the Government reserves the right to award this contract(s) based on the initial proposal, as received, without discussions.

(f) Deadline for submission of questions is 11 August 2020, 3:00 P.M. Eastern Standard Time. Answers will be posted through an amendment to the solicitation. All questions shall be submitted by email in writing. Telephonic inquires will not be entertained. Submit your questions to elena.raspitha@dfc.gov. All questions received will be answered officially through an amendment to the Request for Quotation for distribution to all prospective Quoters. Questions received after the Eastern Standard Time cut-off date/time will not be accepted by the Government.

(g) Offer due date: August 21,2020 at 3:00pm local time. Local Time is: Eastern Standard Time.

(h) PROPOSAL FORMAT. Proposals shall be submitted in two separate volumes as detailed below:

Volume 1 - Response to Technical Factor:

1a- Written Technical Description - that addresses how the quoted items meet the salient characteristics

1b- Deal Database Required Statistics:

mailto:elena.raspitha@dfc.gov

1. Total number of transactions in the deal database.

2. Total number of Development Finance Institution (DFI)-related transactions in the deal database.

3. Number of years covered by the deal database.

4. Itemized list of Sub-Saharan African countries included in the database.

5. Specific percentage (%) of deals in the database that have deal pricing.

6. Specific percentage (%) of deals in the database that have deal pricing for transactions supported by

Development Finance Institutions.

1c ? Queries - following queries be performed by the Vendor and results shared with DFC in excel or pdf format as part of the response to this solicitation. Please provide a summary sheet with the list of relevant transactions produced from the query supported by detailed information for each transaction (e.g., a tear sheet per deal).

1. Critical Infrastructure projects financed, cancelled, or pending in Nigeria, Senegal, and Ethiopia in the past 3 years.

2. All DFC (or predecessor, Overseas Private Investment Corp.) deals closed in the past 5 years.

DFC may require a limited free trial of the database or a live demonstration of the database. However, DFC reserves the right to award purchase orders without product trials or demonstrations. Requesting a trial or demonstration does not allow the Quoter to alter their quote and does not constitute discussions.

Volume 2 - Response to Price Factor shall include the following:

1. Pricing for enterprise license access.

2. Pricing for other user sets where applicable ? three (3) users, five (5) users, etc. and/or any other multiple-user packages offered by the vendor (e.g., limited to certain departments, locations, etc).

3. Vendors must include information on the basic level of access that includes a listing of all features and content that make up the basic plan.

4. Breakout of any content add-ons outside of the basic level of service with specific pricing for each add-on.

5. Pricing for the base and all option periods.

6. Any applicable discounts.

FACTOR I: TECHNICAL. Volume 1a;Written Technical Description,shall describe how the quoted item(s) meet the following four (4) salient characteristics:

1. General System Requirements:

• Available 7 days a week with minimal downtime.

• Internet-based, commercially available off-the-shelf system

• Menu driven and interactive access to all deal information.

• Ability to search deals by specific criteria such as: sector, country, deal size, sponsor, etc.

• Full-text (keyword) searchable.

• Access to a Help Desk or other interactive search assistance.

• Access to subject specialists to provide search guidance beyond the scope of the Help Desk.

• Ability to open, print or save the search results in appropriate formats such as Excel spreadsheets, Word documents or PDFs.

• Ability to set up project alerts that will notify the user of changes to the project.

• Training support in the form of customer oriented on-site training, off-the-shelf online training sessions and/or off-site training seminars.

• At the request of DFC's Information Center Manager, the Vendor will provide quarterly and/or annual usage statistics indicating the number of sessions, number of searches conducted, number of documents downloaded.

• Accurate invoicing, and if there is an error on the invoice, the ability to provide a revised invoice to the client.

2. Basic Deal Data Requirements: Each deal query shall be able to provide the following transactional data tothe extent that is available due to confidentiality of sponsors, borrowers, lenders

• Deal Country

• Deal Sector

• Sponsor Name

• Equity Provider(s)

• Project Costs

• Debt, sub-debt, mezzanine, equity tranches raised to fund the transaction and for each tranche:

• Amount

• Lender(s) or Investor(s)

• Mandated Lead Arranger(s) or Underwriter(s) as applicable

• Currency

• Pricing (all-in price, benchmark index (LIBOR, Treasuries, etc.) and applicable spread)

• Tenor

• Debt/Equity Ratio

• Debt Service Coverage Ratios (DSCRs)

• Any other tranche attributes such as financial covenants that may be available.

• Brief textual overview of the deal

3. Basic Project Data Requirements:project-specific data based on the following categories:

• Sectors - Areas of interest include (essential sectors are highlighted in bold), but are not limited to:

• Healthcare

• Housing

• Energy

• Consumer Goods

• Food (Agribusiness)

• Hospitality/Tourism

• Manufacturing

• Mining/Metals

• Oil & Gas

• Petrochemicals

• Social Infrastructure (PPP)

• Telecoms

• Transport

• Waste

• Water

• Financial Services

• Other sectors and corresponding sub-sectors as appropriate

• Project Type: Greenfield or Brownfield

• Project Stage:

• Pre-Development

• In Development

• Deals In Tender

• Deals In Syndication

• Closed Deals

• In Construction

• Operational

• Decommissioned

• Other suitable categories

4. Additional Features:

• Detailed transaction and borrower profiles.

• Data tracking of both completed and pipeline (prospective or work-in-progress) transactions.

• Ability to create custom analytic reports including league table rankings and volume analysis featuring Development Finance Institutions such as DFC.

• Ability to create, launch and manage dynamically modifiable virtual or digital deal calls in line with DFC criteria and parameters

• Ability to view daily news articles for latest market and project developments, also accessible via links from project data sets.

• Ability to set up automated report updates.

FACTOR 2: Price. Proposed price will be reviewed to determine if the quote is adequate, complete, and reasonable. The price evaluation will be conducted for each proposal to ensure completeness. Price shall reflect fair market value and be reasonable when compared to the Independent Government Estimate, current market prices for same or similar items, and/or when compared among other quotes.

Paragraph52.212-1(c) is hereby replaced with the following:

The quoter agrees to hold the prices in its quotation firm for 90 calendar days from the date specified for receipt of quotations, unless another time period is specified in an addendum to the Request for Quotation.

Add the following:

Paragraph 52.212-1 (h)(ii) The Government anticipates awarding a Firm-Fixed Price Purchase Order from the RFQ. More than one Purchase Order may be awarded from this RFQ. Award(s) will be on an "All OR NONE" basis. Quotes for less than all of the solicited line items will be rejected as nonconforming and unacceptable to the RFQ. funds are not currently available for this requirement but are expected to become available on or before September 30, 2020.

Paragraph 52.212-1(m) ELECTRONIC Quotation. The quotation must be submitted via email to elena.raspitha@dfc.gov by August 4,2020 at 3:00pm EST. Vendors may call Elena Raspitha at 202-312-2160 to verify receipt of the quote. The Government will not be responsible for any failure of transmission or receipt of the quote, or any failure of the vendor to verify receipt of the emailed quote.

ACQUISITION PROCEDURE: This is a commercial item under FAR Part 12 and the acquisition procedures to be used for this purchase will be in accordance with FAR Part 13.5.

SPECIAL NOTE: All vendors must be registered in the System for Award Management (SAM)prior to award, and lack of registration shall make a quotation ineligible for award. Vendors may obtain information on registration and annual confirmation requirements by calling 1-866-606-8220 or via Internet at https://www.sam.gov.

(End of Provision)

52.212-2 52.212-2 Evaluation-Commercial Items (OCT 2014)

(a) The Government will award a purchase order(s) resulting from this solicitation to the responsible offeror(s) whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The technical factor is more important than price. Therefore, award may be made to other than the lowest-price offeror(s). The Government will perform a comparative evaluation (comparing quotes to each other) to select the quote(s) that is best suited and provides the best value, considering the evaluation factors in this solicitation. Adjectival technical or price ratings will not be assigned.

The following factors shall be used to evaluate offers:

FACTOR I: TECHNICAL. Thequoted product meets thesalient characteristics; General System Requirements, Basic Deal Data Requirements, Basic Project Data Requirements and Additional Features.

FACTOR 2: Price: Proposed price will be reviewed to determine if the quote is adequate, complete, and reasonable. The price evaluation will be conducted for each proposal to ensure completeness. Price should also reflect fair market value and be reasonable when compared to the independent Government estimate, current market prices for same or similar services and/or when compared among quotes. ?

(b) Options: The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). Option prices will be used to evaluate reasonableness of options exercised using FAR Clause 52.217-8.

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-5 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive

Orders-Commercial Items (JUN 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

_________ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_________ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)).

_________ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_________ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-

282) (31 U.S.C. 6101 note).

(5) [Reserved].

_________ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_________ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111- 117, section 743 of Div. C).

_________ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101 note).

_________ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C.

2313).

(10) [Reserved].

_________ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C. 657a).

_________ (ii) Alternate I (Mar 2020) of 52.219-3.

_________ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

_________ (ii) Alternate I (Mar 2020) of 52.219-4.

(13) [Reserved]

_________ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Mar 2020) (15 U.S.C. 644).

_________ (ii) Alternate I (Mar 2020).

_________ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (Mar 2020) (15 U.S.C. 644).

_________ (ii) Alternate I (Mar 2020) of 52.219-7.

_________ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

_________ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (15 U.S.C. 637(d)(4)).

_________ (ii) Alternate I (Nov 2016) of 52.219-9.

_________ (iii) Alternate II (Nov 2016) of 52.219-9.

_________ (iv) Alternate III (Jun 2020) of 52.219-9.

_________ (v) Alternate IV (Jun 2020) of 52.219-9.

_________ (18) 52.219-13, Notice of Set-Aside of Orders (Mar 2020)(15 U.S.C. 644(r)).

_________ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)).

_________ (20) 52.219-16, Liquidated Damages - Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

_________ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657 f).

_________ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Mar 2020) (15 U.S.C. 632(a)(2)).

_________ (ii) Alternate I (Mar 2020) of 52.219-28.

_________ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).

_________ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar 2020) (15 U.S.C. 637(m)).

_________ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

_________ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15 U.S.C. 637(a)(17)).

_________ (27) 52.222-3, Convict Labor (Jun 2003) (E.O. 11755).

_________ (28) 52.222-19, Child Labor - Cooperation with Authorities and Remedies (Jan 2020) (E.O. 13126).

_________ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_________ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

_________ (ii) Alternate I (Feb 1999) of 52.222-26.

_________ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020)(38 U.S.C. 4212).

_________ (ii) Alternate I (Jul 2014) of 52.222-35.

_________ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

_________ (ii) Alternate I (Jul 2014) of 52.222-36.

_________ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

_________ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_________ (35)(i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

_________ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

_________ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

_________ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

_________ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

_________ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

_________ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

_________ (40)(i) 52.223-13, Acquisition of EPEAT-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

_________ (ii) Alternate I (Oct 2015) of 52.223-13.

_________ (41)(i) 52.223-14, Acquisition of EPEAT-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

_________ (ii) Alternate I (Jun 2014) of 52.223-14.

_________ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

_________ (43)(i) 52.223-16, Acquisition of EPEAT-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

_________ (ii) Alternate I (Jun 2014) of 52.223-16.

_________ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

_________ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

_________ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).

_________ (47)(i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

_________ (ii) Alternate I (Jan 2017) of 52.224-3.

_________ (48) 52.225-1, Buy American - Supplies (May 2014) (41 U.S.C. chapter 83).

_________ (49)(i) 52.225-3, Buy American - Free Trade Agreements - Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108- 286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

_________ (ii) Alternate I (May 2014) of 52.225-3.

_________ (iii) Alternate II (May 2014) of 52.225-3.

_________ (iv) Alternate III (May 2014) of 52.225-3.

_________ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_________ (51) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

_________ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

_________ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

_________ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

_________ (55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020).

_________ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

_________ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_________ (58) 52.232-33, Payment by Electronic Funds Transfer - System for Award Management (Oct 2018) (31 U.S.C.

3332).

_________ (59) 52.232-34, Payment by Electronic Funds Transfer - Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

_________ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

_________ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

_________ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

_________ (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.

1241(b) and 10 U.S.C. 2631).

_________ (ii) Alternate I (Apr 2003) of 52.247-64.

_________ (iii) Alternate II (Feb 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

_________ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

_________ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_________ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_________ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards - Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_________ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment - Requirements (May 2014) (41 U.S.C. chapter 67).

_________ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services - Requirements (May 2014) (41 U.S.C. chapter 67).

_________ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

_________ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

_________ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records - Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause -

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212)

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiii)

_________ (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627).

_________ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services- Requirements (May 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xix)(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

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